If you belong to sectors such as hospitality, retail sales or transport, it is possible that this Christmas you will have to continue on the front foot. Due to the great demand generated during the holidays, there is a possibility that you may even have to be at your post on national holidays such as December 25. You are probably wondering how are they going to compensate you working on a holiday. If you are not very clear, don’t worry. In today’s article we will give you the keys so that you are aware of what corresponds to you, if it is your turn work on christmas.
How are holidays compensated in Spain?
As you surely know, the Workers’ Statute includes the rights associated with holidays. In article 37 of the ET dedicated to weekly rest, holidays and permitsand more specifically in article 37.2 the stipulations addressed to these cases are included.
National holidays cover 14 days a year. These include both national, regional and local holidays. In this sense, you should know that they are considered “paid and non-recoverable in nature.” This means that, if you enjoy the break, the company could under no circumstances ask you to return the holiday hours on another day. Besides, This break will be financially compensated in the normal amount stipulated in your employment contract.
Due to the non-working nature of the holiday, the hours worked on holidays are counted outside the normal calculation of the day. That is, since they are not included in the weekly schedule, are counted as overtime.
Article 35.4 of the Workers’ Statute stipulates that: “The provision of overtime work will be voluntary, unless its performance has been agreed in a collective agreement or individual work contract, within the limits of section 2.”
Within the Royal Decree 2001/1983 that regulates the work day, special days and breaksin it article 47 We find the applicable regulations in this case. It is explained that: “When, exceptionally and for technical or organizational reasons, the corresponding holiday could not be enjoyed (…) the Company will be obliged to pay the worker, in addition to the salaries corresponding to the week, the amount of the hours worked on the holiday or in the weekly rest period, increased by at least 75 percent, except for compensatory rest.” So the salary on that day is increased by 75% except in exceptions that are compensated on a day off.
Can the company force me to work on a holiday?
Depending on your sector and contractual situation, you may need to work on holidays. The first thing you must review is what your stipulates collective agreement and contract.
The sections referring to working on holidays regularize the situation you have in this regard. You must also keep in mind that there are certain cases, such as those of workers hired precisely to work on designated dates that include holidays, which are included as mandatory by your contract.